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2021 Supreme(HP) 169

TARLOK SINGH CHAUHAN, JYOTSNA REWAL DUA
Man Mohan Kapoor – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Jiya Lal Bhardwaj, Advocate.
For the Respondents:Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Shiv Pal Manhans, Addl. AGs, Mr. Bhupinder Thakur and Mr. Yudhvir Singh Thakur,, Dy. AGs Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rakesh Chauhan, Advocate

JUDGMENT :

JYOTSNA REWAL DUA, J.

1. Petitioner claims that even though he has availed the benefit of age relaxation and fee concession available to the candidates belonging to Scheduled Tribes category, yet having scored more marks than the last candidate in the General category, he is required to be moved to the General category. Challenge has also been laid to the circular/instruction dated 12.12.2011 issued by the State Government, which provide for migration of only such SC/ST/OBC candidates to the general category merit list who are selected on the same standard as applied to general category candidates.

2. Bare minimum factual position is that :-

    2(i) A recruitment notice was issued by respondents No.1 to 5 on 5.3.2015 for filling-up various posts of Constables in different districts of the State. 60 posts of Constables (Male) were allotted to District Shimla.

2(ii) Age limit prescribed for recruitment to the post of Constable was 18-23 years for general category, whereas for candidates belonging to reserved category of SC/ST/OBC, it was 18 to 25 years. Petitioner had admittedly crossed age limit of 23 years when he applied under the advertisement. Petitioner belonged to Scheduled

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